Armed Robbery vs. Robbery in Georgia: Key Legal Differences Explained

Any run-in with the law can be a daunting experience, especially when the charges are severe, like robbery or armed robbery. Understanding the distinction between these two crimes is crucial when facing such charges. In Georgia, these two offenses are treated uniquely, and the differences will significantly impact the possible punishment and the required defense strategy. Here is a brief yet comprehensive exploration of how Georgia law distinguishes between robbery and armed robbery.

What is Robbery in Georgia?

As per Georgia law definition, robbery is defined as taking an individual's property unlawfully, in their presence or within their immediate surroundings, against their will, through force, intimidation, or sudden snatching, Georgia Code Section 16-8-40. Essentially, the presence of threats or force used to unlawfully obtain another's property characterizes it as robbery. The absence of a weapon or imitation of a weapon, however, makes it different from armed robbery.

What is Armed Robbery in Georgia?

Armed robbery, on the other hand, is when an individual uses or threatens to use a weapon (now including tasers, stun guns, and replica weapons) to take someone else's property under Georgia law, Georgia Code Section 16-8-41. Even if an individual only uses an object that appears to be a weapon or makes verbal insinuations of having a weapon, they will likely be charged with armed robbery over a simple robbery.

Our Role as Your PCR Advocate in Atlanta

As expert Criminal Lawyers in Atlanta, our team will help you understand your eligibility for PCR and assist in presenting your case to the Georgia courts. We will review your trial record meticulously, seeking potential procedural or substantial issues that might have led to an unjust conviction or sentencing.



Mandatory Minimums in Georgia

Robbery Mandatory Minimums

Robbery is classified as a felony in Georgia. The punishment, if convicted, is imprisonment for at least one year and up to 20 years. However, if the robbery is committed against a person over 65 years old, the punishment shall be a minimum of five years in prison, Georgia Code Section 16-8-40.

Armed Robbery Mandatory Minimums

Armed robbery carries a heavier sentence than regular robbery. According to Georgia law, anyone convicted of armed robbery must face a sentence of at least ten years in prison, with the possibility of life imprisonment or the death penalty Georgia Code Section 16-8-41. This broad sentencing range underlines the serious nature of the offense.



Building a Robbery or Armed Robbery Defense

Facing charges for robbery or armed robbery in Georgia is serious, and having an experienced Criminal Lawyer to guide you through the process can make all the difference. Our firm, Davis Madden & Associates, P.C., awaits your call. Whether you’re seeking legal guidance in Atlanta or anywhere else in Georgia, we are here to help, ensuring that any decision made about your case is both informed and educated.

Rest assured, our lines of communication are always open, and we maintain high levels of accessibility. Contact us today to discuss your case and begin exploring your defense options with our highly skilled attorneys.

The material provided on this blog site does not/is not intended to constitute legal advice. All content is for general information only.